Landmark Judgement? Supreme Court Declines to Give Convicts Bail Pending Appeal

Supreme Court Justice Dr. Esther Kisakye has declined to grant bail pending appeal to a jailed former MTN employee Joshua Magombe who was sentenced to seven  years imprisonment for Electronic Fraud and Theft of more than Shs 3Bn on 25th January, 2013.

This development comes after his conviction by the High Court was confirmed by the Court of Appeal on 29th August, 2019.

Joshua Magombe and five other former MTN Staff were on 27th April, 2015 found guilty of Cyber Crimes by the Anti-Corruption Court; having illegally gained access to the Mobile Money system and wired cash amounting to Shs 3,150,000,000 to various agent lines, and later withdrawing their loot.

Evidence proved that Magombe planned with his accomplices how to go about the execution of the plan to steal the money from the MTN Dispute Account.

In her ruling Justice Kisakye ruled that until Magombe’s conviction is set aside, he is a criminal who was convicted by Courts of Law, after following the due process of the law.

The Judge noted that Magombe should not be waiting for the disposal of his appeal in the comfort of his home or be left free to mingle with the rest of the population either in the towns or the country side but rather deserves to be locked away until either his appeal is determined in his favour or until he completes his sentence.

Justice Kisakye observed that this will not only protect the community from his actions, but it will ensure that he serves his punishment and that he is also rehabilitated to reform.

Magombe’s accomplices with whom he is serving the seven years are: Edrisa Sserunkuma, Daniel Ssegujja, Henry Edgar Matovu, Irene Kauma and Peter Ayebale.

On 4th March, 2020 the Supreme Court also denied bail to former Permanent Secretary Ministry of Local Government John Muhanguzi Kashaka who was sentenced to ten years in prison in 2014 for causing government financial loss of  Shs 4.2 Bn.

The money was meant to procure over 70,000 bicycles for LC1 chairpersons.

The Supreme Court says convicts should continue serving their sentence, while their lawyers complete filing of their appeals which will be heard when the Court finalises its program to hear Criminal  Appeals; while observing the principal of first come first serve.